The Austria State Treaty of 1995 permitted the Russians, French, British and U.S. to depart occupied Vienna. It was written in English, Russian and French so that the rest of the world could understand exactly what Austria had promised to do. Below is Article 26 of the Treaty. It says that Austria is supposed to find and return all property belonging to Jews.

Article 26 was a key aspect of the Allied victory in World War II. American soldiers lost their lives for Article 26, and the U.S. State Department should wake up and demand Austria's obedience to its obligations.

To its shame, Austria and its politicians have lied to the world and done everything possible to ensure that the children and grandchildren of Nazis could enjoy the property stolen from Vienna's Jews.

The Austria State Treaty is the legal equivalent of the U.S. Constitution. So if an Austrian tells you that an Austrian law prevents Austria from giving back property stolen from Jews, they are simply lying. In 2009 I confronted Austrian diplomats with the text of Article 26 at a conference in Prague after they denied Austria's ongoing treaty obligations to despoiled Holocaust victims.

Harvey Weinstein's Woman in Gold with Helen Mirren opened in Vienna on this June 4 to a firestorm of press. Let's hope that Austrians learn from Hollywood and demand that their politicians start to follow the law of their land, rather than shaming Austria in endless litigation in US courts.

Article 26

PROPERTY, RIGHTS AND INTERESTS OF MINORITY GROUPS

IN AUSTRIA

1. In
so far as such action has not already been taken, Austria undertakes

that, in
all cases where property, legal rights or interests in Austria have since

13th
March, 1938, been subject of forced transfer or measures of sequestration,

confiscation
or control on account of the racial origin or religion of the owner,

the
said property shall be returned and the said legal rights and interests
shall

be
restored together
with their accessories. Where return or restoration is

impossible, compensation shall be granted for losses
incurred by reason of such

measures to the same extent as is, or may be, given to
Austrian nationals generally

in respect of war damage.

2. Austria
agrees to take under its control all property, legal rights and

interests
in Austria of persons, organizations or communities which, individually

or as
members of groups, were the object of racial, religious or other Nazi measures

of
persecution where, in the case of persons, such property, rights and interests

remain
heirless or unclaimed for six months after the coming into force of the

present
Treaty, or where in the case of organizations and communities such

organizations or communities have ceased
to exist. Austria shall transfer such

property, rights and interests to
appropriate agencies or organizations to be

designated by the Four Heads of
Mission in Vienna by agreement with the Austrian

Government to be used for the relief and
rehabilitation of victims of

persecution by the Axis Powers,
it being understood that these provisions do

not require Austria to make payments in
foreign exchange or other transfers

to foreign countries which would
constitute a burden on the Austrian economy.

Such transfer shall be effected within
eighteen months from the coming into

force of the present Treaty and shall
include property, rights and interests required

Partner in Manhattan law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2015-2016). The New York Law Journal called it "an indispensable guide". Serve on the Board of Directors of the Federal Bar Association, served as Chair of the Circuit Vice Presidents, Vice President for the Second Circuit and General Counsel. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014).
Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.

1 comment:

At least lawyers like you are continuing to bring attention to the case. It may not change things, but it's the only thing that could change things. Hopefully this lawsuit resolves the way it should. I can't believe its gone on so long. http://www.valleylawgroup.com

About Me

Partner in Manhattan law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2015-2016). The New York Law Journal called it "an indispensable guide". Serve on the Board of Directors of the Federal Bar Association, served as Chair of the Circuit Vice Presidents, Vice President for the Second Circuit and General Counsel. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014).
Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.